Ex parte NISHIBORI et al. - Page 5




                     Appeal No. 1998-1390                                                                                                                                              
                     Application 08/607,441                                                                                                                                            


                                In light of Motegi”s teaching that typical examples of                                                                                                 
                     cellulosic fillers include cellulose powder, wood flour , wood                                                        1                                           
                     chip, rice hull, used paper, and pulp, the examiner argues                                                                                                        
                     that to one of ordinary skill in the “plastic” art, Nara’s                                                                                                        
                     disclosure of “cellulose” would suggest wood particles                                                                                                            
                     (presumably wood meal filler for a molded plastic).  See the                                                                                                      
                     answer at page 7.                                                                                                                                                 




                                We agree with appellants that the above relied upon                                                                                                    
                     disclosures are too vague and speculative to constitute an                                                                                                        
                     adequate factual basis for establishing a prima facie case of                                                                                                     
                     obviousness for the subject matter here claimed directed to                                                                                                       
                     wood meal granules.  First, while Nara makes a broad reference                                                                                                    
                     to plastic components, Nara makes no mention of fillers for                                                                                                       
                     plastics, much less mention of “cellulosic” fillers.  Nara’s                                                                                                      
                     disclosure of plastic “components” is inclusive of plastic                                                                                                        
                     particulates, antistatic agents, antioxidants, lubricants,                                                                                                        


                                1Wood flour is synonymous with wood meal.  See Hackh’s                                                                                                 
                     Chemical Dictionary, Fourth edition, p 725, c 1977, of record                                                                                                     
                     herein.                                                                                                                                                           
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